Singapore legislation

Section 25

of Mental Health (Care and Treatment) Act 2008

Section 25

Protection of person enforcing Act

(1)

Where a person has —

(a)

made a request for the reception of any patient, or signed or carried out or done any act with a view to signing or carrying out any report, application, recommendation, or certificate purporting to be a report, application, recommendation or certificate under this Act; or

(b)

done anything under this Act,the person shall not be liable to any civil or criminal proceedings, whether on the ground of want of jurisdiction or on any other ground, unless the person has acted in bad faith or without reasonable care.

(2)

No proceedings, civil or criminal, shall be brought against any person in any court in respect of any such matter as is mentioned in subsection (1) without the leave of the court, and leave shall not be given unless the court is satisfied that there is substantial ground for the contention that the person, against whom it is sought to bring the proceedings, has acted in bad faith or without reasonable care.

(3)

Notice of any application under subsection (2) must be given to the person against whom it is sought to bring the proceedings, and the person is entitled to be heard against the application.

Section 25 — Mental Health (Care and Treatment) Act 2008